ORDINANCE NO. 585 AN ORDINANCE AMENDING ORDINANCE No. 585, AS AMENDED, OF THE CITY OF KENNDEALE, TEXAS, BY AMENDING THE KENNEDALE CITY CODE OF ODINANCES, AS AMENDED, BY AMENDING CHAPTER 23 "WATER, SEWERS AND SEWAGE DISPOSAL," SECTION 23-5 "BILLING; DELINQUENCY PENALTIES," TO PROVIDE FOR AN EXTENSION OF THE TERMINATION NOTICE PERIOD; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale, Texas is a home rule city acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City has previously passed an ordinance establishing billing procedures for water services delinquencies and billing periods; and WHEREAS, the City desires to update and extend its current termination notice period from five (5) days to thirty (30) days; and WHEREAS, the City Council, after due and careful consideration, considers it desirable and in the best interest of the health, safety, morals and general welfare of the citizens to extend the termination notice period as described herein. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS, THAT: SECTION 1. Section 23-3. – "Billing; delinquency penalties" of the Kennedale City Code is hereby amended to read as follows: "All bills for city utilities rendered by the city shall be paid on the designated due date. If the bill is not paid by the designated date, the account shall be deemed delinquent, and the bill shall contain a notice advising the customer that failure to pay the delinquent amount within thirty (30) days after the mailing or personal delivery of the bill may result in discontinuance of service. Water and sewer services are indivisible so that nonpayment for either service will justify discontinuing of both services. The delinquency notice on the bill shall constitute the City's thirty (30) days notice of possible service termination, and no additional notice shall be required prior to discontinuance of service. The customer may request a hearing, which shall be scheduled at a time not less than thirty (30) days after the mailing or personal delivery of the delinquency notice, to show just cause why the service should not be discontinued for failure to pay. Such hearing shall be conducted at the city hall by the city manager and city water superintendent or, in the event of necessary absence of either, by the other of the two officials. If the customer fails to appear for the hearing, or if customer fails to show just cause for the delay, the service shall thereafter be promptly disconnected until the delinquencies are all paid. If good cause for delay is shown, the hearing officials may withdraw the discontinuance notice or defer discontinuance under conditions deemed fair and just in light of the evidence presented at such hearing. If such bills are not paid by the designated due date each month, a ten-percent penalty fee will be added for late payment amount." SECTION 2. This ordinance shall be cumulative of all provisions of ordinances of the City of Kennedale, Texas Code of Ordinances, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Thus, Ordinance No. 585 is hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 4. This ordinance shall be in full force and effect from and after its passage and it is so ordained. PASSED AND APPROVED ON THIS ___ DAY OF __________, 2026. _____________________________________ Brad Horton, MAYOR ATTEST: _____________________________________ APPROVED AS TO FORM AND LEGALITY: _____________________________________ Carvan Adkins, CITY ATTORNEY Barbara Dahl, CITY SECRETARY IPL0325183 Mar 25 2026